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(영문) 서울중앙지방법원 2020.09.08 2019나47225
사해행위취소
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is as follows, and the reasoning for this part is as stated in the reasoning of the judgment of the court of first instance, i.e., “the judgment on claims against the remaining Defendants”. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Each “Defendant B” shall be written by cutting up “B” into “B”.

On October 18, 2016, the following mediation was established in the first instance court 5 of the first instance judgment.

hereinafter referred to as "mediation of related cases"

"Along with the foregoing agreement, on October 31, 2016" at the fourth fourth bottom of the judgment of the first instance, "Along with the foregoing agreement, October 31, 2016" was added to "Along with the above agreement, October 31, 2016 with respect to the real estate of this case".

The 1st to 6th parallels at the bottom of the first instance judgment shall be cut down as follows.

The plaintiff asserts that, with respect to B, there is a claim for 180,000,00 won due to the non-payment of the related case mediation, and damages for delay thereof, B transferred to Defendant C the claim for E, the only property, and after the mediation of the related case, Defendant C transferred to Defendant D the above claim amounting to KRW 100,000,000,00 among the above claim amount, so the assignment of claim against Defendant C should be revoked as it constitutes a fraudulent act, and that Defendant C should transfer the claim amounting to KRW 140,00,000,000, and Defendant C should notify E of the above transfer.

A person shall be appointed.

3. Thus, the plaintiff's claim of this case that was changed in exchange in this court is dismissed as it is without merit.

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